IF YOU DO NOT AGREE TO THE FULL EXTENT OF THESE TERMS, OR, IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR ANY OF THE SERVICES OFFERED BY THE WEBSITE.
RAPIDUI RESERVES THE RIGHT TO MAKE CHANGES IN THESE TERMS, AT ITS SOLE DISCRETION, BY PUBLISHING AMENDED TERMS, AND THEREFORE, WE URGE YOU TO CHECK PERIODICALLY FOR UPDATES. YOUR CONTINUED USE OF THE WEBSITE OR ANY SERVICE OFFERED VIA THE WEBSITE, AFTER THE POSTING OF UPDATED TERMS, CONSTITUTES YOUR AGREEMENT TO SUCH AMENDED TERMS.
THE USE OF THE MASCULINE GENDER IN THESETERMS IS FOR CONVENIENCE PURPOSES ONLY, AND ANY PART THEREOF, IN WHICH THE MASCULINE GENDER IS USED, APPLIES THE FEMININE GENDER AS WELL.
IN THE EVENT THAT YOU REPRESENT A CORPORATION, THEN YOU HEREBY APPROVE THAT YOU HAVE THE AUTHORITY TO BIND THE CORPORATION BY THESE TERMS, AND TO PERFORM AND PROVIDE ALL REPRESENTATIONS, WARRANTIES AND OBLIGATIONS REQUIRED ON BEHALF OF THE CORPORATION, AND YOU ASSUME ALL RESPONSIBILITY IN CONNCTION WITH THE USE OF THE WEBSITE AND/OR THE SYSTEM.
THE WEBSITE AND DESIGN PROCESS
The Website is intended to provide a web design system and tools, that enables its users to build, design and manage professional HTML websites (each a "Site"), with or without writing code (the "System").
The design process via the System, will be provided to You, in accordance with the terms indicated in the package that will be chosen by You via the Website as well as other conditions that may be incorporated therein, from time to time.
In order to use the System, You shall be required to choose a type of package, as follows:
You may choose the "Free" package, by pressing the "get started" button. You will be required, then, to open an Account (as further detailed below). As soon as You open an Account, You may start your work on any project, up to 3 projects (unless otherwise updated by RapidUI). In case that You want to continue with additional project after finalizing 3 projects, You will need to upgrade your subscription to "Pro"
You may alternatively choose the "Pro" package by pressing the "buy it" button. You will be required then, to open an Account (as further detailed below), and to provide your payment information in order to secure your payment. As soon as You open an Account and approve the payment for the Pro package, You may start your work on any project, without limitations.
We urge You to read all of the information concerning each package carefully.
As soon as You complete the design process for your Site, You shall have 2 options for hosting your Site:
(i) to use the hosting and management services of RAPIDUI for the Site that was designed by You via the System upon joining our "Hosting Plan" subject to payment of the applicable fees. In case You are a "Free" package subscriber, You shall be required to enter your payment information and approve the payment.
(ii) export the code of your Site to external third party hosting, as per your request. Such option exists only for "Pro" package subscribers, and therefore, in case you are a Free package subscriber, You shall be required to upgrade Your package to "Pro" package, and following such upgrade, You shall have the option of pressing the "export" button and to choose where do You want to export your Site to.
The hosting price is charged on the basis of "Fair Usage". We define "Fair Usage" under the following parameters: (i) up to 100 static pages. (ii) up to 10,000 monthly visits. (iii) up to 1,000 monthly form submissions.
All fees are exclusive of taxes levies and duties imposed by any authority and You shall be responsible for payment of such taxes levies and duties.
Upon your registration, You will also be asked to select a username and password. You are responsible for maintaining the confidentiality of your username and password, and You are fully responsible for all activities that occur under the Account, with or without your knowledge. You agree, to immediately notify us of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
You undertake that all information that is provided by You to RAPIDUI as part of opening your Account, is true and accurate and You hereby consent to update this information in order to keep its accuracy, correctness and completeness.
Logging into Your Account will enable You to do as follows:
a. Convert PSD or Sketch files to HTML & CSS.
b. Create animations & interactions
c. Customize designs for all platforms/resolutions/screens / Responsive
d. Make changes to project before and after publish.
e. Export code (depend on the package).
f. Manage SEO tools
g. Content Management System (depend on the package).
h. Publish your project.
i. All of the above shall be made by only one user at a time and not simultaneously
Any payment for packages will be made, as either a monthly subscription with automatic renewal, or an annual subscription. Payment for hosting will be made as a monthly subscription with automatic renewal.
Following completion of any payment for services, an email will be sent to You summarizing the details of your order with an order number.
You may terminate any subscription and/or package and/or service that You have ordered via the Website by sending a written request by e-mail to email@example.com indicating your name and your account number. The termination will be in effect as of the end of the month of subscription in case of monthly subscription.
In case You have ordered an annual subscription, You may terminate your subscription without charge within 14 days from the date of ordering. If You choose to terminate, after 14 days, your subscription will continue until the end of the next month of billing period, and you’ll be charged with early termination fee of 50% of your remaining subscription obligation.
You hereby represent and warrant that, You are the owner of the credit card and/or pay pal account that You are paying from, and that such credit card and/or account has sufficient amount of credit to cover the payment. All payments through third parties (such as credit card or Paypal) are subject to the applicable third party's Terms of Service. You are aware that any inaccurate or untrue information provided by You with respect to such payment methods, is considered a criminal offense.
Any additional service that You wish to purchase via the Website in the future, shall be paid via the Website in the same way as detailed herein.
Prices may be changed upon 30 days prior notice from us.
In order to make your experience of using the System joyful, fruitful and in compliance with all applicable laws, You and all other users are required not to:
(i) use the System for any illegal purpose or for any purpose other than for the purposes for which it is intended;
(ii) sell or make commercial use in any materials contained in the System or the Website, unless permitted by RAPIDUI;
(iii) use the System in violation of any law, contractual restrictions or other third party rights;
(iv) intentionally interfere with or damage operation of the System or any user’s enjoyment of the System.
(v) Upload, post, email, transmit or otherwise make available any content that (a) is defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory unlawful, harmful, hateful, threatening, harassing, libelous, invasive of another's privacy, harmful to a minor or otherwise objectionable; (b) You do not own or have the right to disclose or make available under any law or under contractual or fiduciary relationships or that infringes upon confidentiality obligations, or proprietary rights of third parties; (c) is considered unauthorized advertising, such as "junk mail", "spam", "chain letters", "pyramid schemes", and any other form of solicitation; (d) contains software viruses, adware, spyware, worms, or other malicious code.
(vi) Build a Site that is knowingly or have suspicion to believe that is in breach with third parties rights or that includes any contents that are prohibited under the law or these Terms. Any breach by You of any law or third party right, shall be under your sole responsibility and You shall compensate RAPIDUI for any damage, cost or expense caused to RAPIDUI as a result therefrom.
You agree not to submit, transmit, or otherwise make available in any manner either as part of the Site, its creation, use, or otherwise, any content (i) that is obscene, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. You represent and warrant that You possess all necessary rights to use the content that You submit to the Site and that use of such content does not violate these Terms. You agree to defend, indemnify, and hold RAPIDUI harmless from and against any and all claims arising out of or relating to any content that You submit to the site.
When You visit the Website or use the System or send e-mails to RAPIDUI, You are communicating with RAPIDUI electronically. We therefore take this as your consent to receive communications from RAPIDUI electronically. Please note that by doing so, You agree that all agreements, notices, disclosures and other communications that RAPIDUI provides You electronically, satisfy any and all legal requirement that such communications be in writing.
The Website includes or might include links or direct connections to other websites, contents or resources that are owned and operated by other third parties as a convenience to You (“Reference Sites”). Please note that RAPIDUI does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
All content included on the Website and/or the System, such as text, graphics, logos, button icons, images, audio and/ or video clips, digital downloads, data compilations, page headers, scripts, and service names, including all copyrights, trademarks, brands, service marks, patents or other proprietary rights of the System, either registered or not, are and shall remain, at all times, the sole property of RAPIDUI and are all protected by copyright laws and may not be used by You unless prior approved by RAPIDUI. No Intellectual Property is assigned to You as part of any subscription You purchase via the Website
You shall have the sole ownership to the Site created by You via the System and any and all contents included in such Site as well as its publishing, shall be at your sole responsibility, provided however that by creating a Site via the System, You hereby grant RAPIDUI an irrevocable worldwide, non-exclusive, transferrable license and right with respect to such Site including the right to use, copy, reproduce, fix, adapt, modify, improve, reformat, publish, distribute, sell, license, sublicense, transfer, rent, lease, publicly display, in any way, as well as all modified and derivative works thereof including without limitation, reformatting it, incorporating it into other works, creating derivative works from it, promoting it and distributing it. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in any design you made in the Site via the System.
RAPIDUI does not regularly review any design You create via the System or content You provide to the Website. RAPIDUI reserves the right to edit such design or content in any way and to refuse to process any design request that violates these Terms or that RAPIDUI finds objectionable for any or no reason, but does not have any guarantee to do so.
We may provide You with content that is subject to proprietary rights of third parties such as images, fonts, graphical items, audio files, images etc. You hereby acknowledge and agree that upon request from Us, You shall immediately: (a) remove and/or disable such content; and (b) remove such content from Your Site created by using the System. Failing to do so may terminate Your Account immediately. any duplication, distribution, modification, sublicensing, reproduction, transferring, creating of derivative works from, selling or other use of such content, is forbidden as well as any reverse engineering, decompiling or disassembling of such content in any manner is forbidden.
WARRANTIES AND DISCLAIMERS
THE SERVICES INCLUDED IN THE WEBSITE AND THE SYSTEM , ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RAPIDUI HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RAPIDUI MAKES NO WARRANTY THAT (I) THE SYSTEM OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND THE SYSTEM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE AND THE SYSTEM AND THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAPIDUI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SYSTEM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR THE SYSTEN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, OR FROM THE SYSTEM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SYSTEM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SYSTEM; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
ANY USE OF THE WEBSITE AND THE SYSTEM AND/OR CREATION OR OPERATION OR DESIGN OF ANY SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED TO YOU WITH RESPECT THERETO.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE WHETHER BY RAPIDUI OR BY THIRD PARTY SHALL CREATE ANY WARRANTY TO RAPIDUI NOT EXPRESSLY STATED IN THESE TERMS.
RAPIDUI WILL NOT BE LIABLE FOR ANY SECURITY BREACH INTO THE SYSTEM OR INTO YOUR ACCOUNT THAT WILL MAKE ANY DAMAGE, OR ANY INFLUENCE ON THE SITE, INCLUDING WITHOUT LIMITATIONS DATA LOST TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, RAPIDUI'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES RAPIDUI SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR THE INABILITY TO USE, DATA AND MATERIALS OR OTHER INTANGIBLE LOSSES (EVEN IF RAPIDUI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATING TO THE WEBSITE AND THE SYSTEM.
IN NO EVENT SHALL RAPIDUI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT OF US$100 (ONE HUNDRED US DOLLARS), IF AT ALL.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM AND AGAINST ANY DEMANDS, LOSS, LIABILITY, CLAIMS, OR EXPENSES (INCLUDING ATTORNEYS’ FEES) MADE AGAINST US BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USER CONTENT, USE OF THE SYSTEM, VIOLATION OF THESE TERMS, OR VIOLATION OF ANY RIGHTS OF ANOTHER.
STATUTE OF LIMITATIONS.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, and all matters relating to your access to, or use of, the System and the Website shall be governed by and construed according to the Delaware Law, without regard to the conflict of laws provisions thereof. The Federal Arbitration Act and federal arbitration law apply to these Terms.
Any and all disputes, claims or controversies between You and RapidUI regarding these Terms, or the use of the System and/or Website ("Disputes") , will be resolved amicably by the parties in good faith negotiation, by telephone, online or based solely upon written submissions without in-person appearance prior to initiating any arbitration or court proceeding.
In case that You and RapidUI are unable to solve the Dispute amicably, Disputes shall be settled through binding arbitration (rather than in court), and You understand that any election to arbitrate by a party, will be final and binding for the other.
The arbitration shall be conducted and administered by the American Arbitration Association (AAA), under its Commercial Arbitration Rules (which are available at www.adr.org). Arbitration will be held in the state of Delaware. You acknowledge and agree that You and RapidUI are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding.
Please do not hesitate to contact our customer service at firstname.lastname@example.org